(DOWNLOAD) "Loye E. Martindale Darwin W. Larson Carol" by Supreme Court Of Utah * eBook PDF Kindle ePub Free
eBook details
- Title: Loye E. Martindale Darwin W. Larson Carol
- Author : Supreme Court Of Utah
- Release Date : January 13, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
HALL, Justice: Defendant, Desmond L. Anderson, Mayor of Logan City, appeals from a judgment of the District Court construing the Optional Forms of Government Act 1 of 1975 (hereinafter referred to as the Act). The trial Judge declared that, under the council-mayor form of government provided for by the Act, the Council possessed all of the governing powers of the municipality (both legislative and executive), except for those executive powers the Act expressly vested in the Mayor. The Mayor contends that the Court erred in its interpretation of the Act and that, when properly interpreted, it provides for a complete separation of executive and legislative powers, the former being lodged exclusively in the Mayor, and the latter in the Council. He further contends that this is so because the Act is patterned after the absolute separation of powers doctrine set forth in the federal and state constitutions. With these contentions we agree and reverse the ruling of the trial court.